Rakesh Yadav @ Chhotu Yadav @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67110 of 2019 Arising Out of PS. Case No.-498 Year-2019 Thana- LAKHISARAI District- Lakhisarai ====================================================== RAKESH YADAV @ CHHOTU YADAV @ CHHOTU Son of Late Gauri Yadav @ Late Gauri Shankar Yadav Resident of Village- Dharmraichak, Ward No.6, P.S.- Lakhisarai, District- Lakhisarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Lakhisarai P.S. Case No. 498 of 2019 registered for the offence punishable under Sections 363/34 of the Indian Penal Code.

Informant is the father of victim who in his written complaint has alleged that on 26.06.2019 at about 8:00 AM his minor daughter, namely, Suruchi Kumari aged about 16 years was kidnapped by the petitioner while she was going to coaching class.

It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case. The girl has been recovered and in her statement under Section 164 of

Patna High Court CR. MISC. No.67110 of 2019(3) dt.29-11-2019 2/3 Cr.P.C. she has stated that she had gone with petitioner on her own sweet will and volition and there is love affair between them. Their relations were consensual. Girl is major. Petitioner has no criminal antecedent and he is in custody since 18.07.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Lakhisarai P.S. Case No. 498 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution

Patna High Court CR. MISC. No.67110 of 2019(3) dt.29-11-2019 3/3 will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T